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Analysis: Prabowo’s KPK policy sparks legitimacy concern

Tenggara Strategics (The Jakarta Post)
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Jakarta
Sat, November 23, 2024

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Analysis: Prabowo’s KPK policy sparks legitimacy concern A worker cleans a sign of the Corruption Eradication Commission (KPK) headquarters in Jakarta on April 25, 2024. The KPK leadership selection committee submitted a list of 10 candidates to President Joko “Jokowi“ Widodo on Oct. 1, 2024. (Antara/Hafidz Mubarak A)

P

resident Prabowo Subianto’s decision to continue with the selection of 10 candidates for the Corruption Eradication Commission (KPK) leadership posts nominated in the final weeks of former president Joko “Jokowi” Widodo’s term has sparked concerns over the legitimacy of the commission’s future leaders.

A 2022 Constitutional Court ruling asserts that the authority to select the KPK leadership rests with the incumbent president, but Prabowo opted to keep the final list of candidates unchanged. The House of Representatives will interview the 10 candidates before selecting five of them as KPK commissioners for 2024-2029 term.

The call for Prabowo to restart the selection process was initiated by Boyamin Sulaiman, coordinator of the Indonesian Anti-Corruption Society (MAKI), who warned of potential legal consequences if the House proceeds with Jokowi’s selection. Citing Constitutional Court Ruling No. 112/PUU-XX/2022, Boyamin insists that Jokowi did not have the authority to form a selection committee, let alone submit it to the House for deliberation.

Former KPK chairman Abraham Samad echoed this, urging Prabowo to form a new selection committee and start the process over, noting that there is still time to do so.

Coordinating Law, Human Rights, Immigration and Correctional Services Minister Yusril Ihza Mahendra has already met with incumbent KPK leaders Nawawi Pomolango, Nurul Ghufron and Johanis Tanak to convey Prabowo’s decision to retain the 10 candidates submitted by Jokowi to the House.

Yusril said the government’s decision was based on Article 30 of the KPK Law, which mandates that the selection process begin six months before the current leadership’s term ends on Dec. 20, 2024. He also emphasized that the government considered the Constitutional Court ruling, which grants the President only one opportunity to submit KPK leadership candidates to the House.

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Yusril argued that Prabowo’s decision strikes a balance, ensuring both the law and the Constitutional Court ruling are upheld.

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